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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69514
Experience:  Over 5 years in practice
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I have just ended the tenancy on a property and, due to a

Resolved Question:

I have just ended the tenancy on a property and, due to a number of burns on the carpet, the landlord wishes to charge me for a completely new carpet. I queried this, saying that I should only be responsible for a percentage of the carpet as it wasn't brand new when I moved in. If i didnt agree to this, he then threatened to take me to court and sue me for various other things he has found in the property which I have not left to his satisfaction along including his time etc which somehow he decided would amount to over £5000? I just wanted to know where i stand with this.
Thanks in advance
Submitted: 5 months ago.
Category: Law
Expert:  Jo C. replied 5 months ago.

What other complaints are there?

Customer: replied 5 months ago.
Other complaints?
Expert:  Jo C. replied 5 months ago.

For which he is proposing to sue?

Customer: replied 5 months ago.
He said the the veneer on the bottom of some of the doors had been damaged due to door stops being used. When i pointed out that the doorstops were in the flat when we moved in, he simply said that I would have to prove that in court. A couple of other smaller things as well but i cant remember the exact details (quite a heated conversation!)
Customer: replied 5 months ago.
Along with his time (he said £400/hour?!) and loss of rent despite him telling me the flat had new tenants
Expert:  Jo C. replied 5 months ago.

He does have a claim for damage to the carpet but he cannot claim the full retail price of the carpet. If an item is old it cannot be replaced with new. There would be a reduction of 20% for every year of the carpet's life.

Realistically he doesn't have a claim for the veneer either. Door stops are designed to be used. That is their purpose.

He also cannot claim £400 an hour. He might bet some administration costs but not £400 an hour.

Can I clarify anything for you?

Jo

Customer: replied 5 months ago.
Thanks Jo, I am most worried about if i stand my ground with him and (eventually) end up in court that he will (somehow?) find a way to sue me for thousands as opposed to just paying for the carpet now (around £600) out of my deposit.
Expert:  Jo C. replied 5 months ago.

Well, he may do that. People do bring weak claims sometimes.

The important thing is that it won't succeed though.

He just plain doesn't have a claim unless he is going to lie through his teeth.

Customer: replied 5 months ago.
He is prepared to lie through his teeth- hence what he said about the doorstops!
Expert:  Jo C. replied 5 months ago.

Well, he isn't lying over that?

He is just blaming you for using something that he provided which is just wrong in law.

Customer: replied 5 months ago.
He said that I would have to prove that he didn't provide the doorstops
Expert:  Jo C. replied 5 months ago.

Actually he would have to prove that he didn't but it is only to the civil standard.

Even if he could do that though it still would not be thousands of pounds.

Jo C., Barrister
Category: Law
Satisfied Customers: 69514
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 5 months ago.
Thanks for your help Jo

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